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Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.
Seyfarth Shaw LLP

Victory for H-1B Visa Spouses: U.S. Court Upholds Work Authorization

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On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more

Jackson Lewis P.C.

How to Navigate FLAG System Updated for New H-2A Farmworker Visa Rule and Court Order

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The Department of Labor (DOL) announced its H-2A Transition Plan for updating its Foreign Labor Application Gateway (FLAG) system based on the preliminary injunction (known as the Kansas Order) issued by the U.S. District...more

Seyfarth Shaw LLP

Navigating Visa Challenges: DOS Updates on Inadmissibility Waivers

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A recent update and clarification from the Department of State (DOS) on waiver eligibility expands opportunities for visa applicants facing difficulties in obtaining visa stamps for entry to the U.S. This clarification,...more

Tarter Krinsky & Drogin LLP

Update on Parole in Place for Spouses of U.S. Citizens: Paused for 14 Days

In our previous alert, we explained that the PIP Program allows noncitizens married to U.S. citizens to apply for Parole In Place (PIP), effectively adjusting their immigration status in the U.S. to that of Permanent...more

Jackson Lewis P.C.

USCIS Improvements Cut Naturalization Processing Time

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USCIS is processing naturalization cases faster than they have in years, and the agency is managing to cut down on its naturalization backlog. Given the current average timing, eligible green card holders who applied early in...more

Jackson Lewis P.C.

U.S. Embassy in Havana Restores Visa Services for 7 Work, Exchange Visas

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The U.S. Embassy in Havana has expanded visa services to include some temporary non-immigrant visas. Cuban nationals with the following approved petitions will be able to schedule visa interviews at the Embassy:...more

Tarter Krinsky & Drogin LLP

The Cost of Sponsoring Foreign Talent: Can U.S. Employers Recoup the Fees?

The sponsorship of temporary, nonimmigrant work visas and U.S. permanent residence can be a tremendous lure for U.S. employers to attract and retain foreign talent— but it comes with a large price tag. Is a U.S. employer...more

Gibney Anthony & Flaherty, LLP

EB-1 Immigrant Visa Category Unavailable After Reaching Annual Limit for FY 2024

The Department of State has confirmed that the annual limit for the EB-1 immigrant visa category has been reached for FY2024. Accordingly, no immigrant visas or green cards will be issued for the remainder of the fiscal year,...more

Dickinson Wright

Employer Economics: Cost-Saving Strategies for Adjustment of Status Filings

Dickinson Wright on

On April 1, 2024, the new U.S. Citizenship and Immigration Services (USCIS) fee schedule took effect. The fee schedule has been modified since publication, which can make determining the appropriate fee challenging....more

Littler

What Immigration Changes Can UK Employers Expect from the Labour Government?

Littler on

Under the previous UK Home Secretary, James Cleverly, minimum salary thresholds for Skilled Worker visas were raised significantly and the 20% discount for shortage occupations were eliminated....more

Sheppard Mullin Richter & Hampton LLP

Having Trouble Recruiting Physicians? The Conrad 30 Window is Opening Soon

The U.S. has long had a shortage of physicians in various practice areas. The shortage is even more pronounced in rural areas. International medical graduates (IMG’s) who come to the U.S. to complete a residency in a...more

Conyers

Bermuda’s Economic Investment Residential Certificate

Conyers on

Prior to 31 March 2023 an application could be made for an “Economic Investment Certificate” by non-Bermudian individuals who invested at least BM$2.5 million in the island. The certificate was valid for a five years, after...more

Dinsmore & Shohl LLP

Understanding National Interest Waivers: A Strategic Route Worth Consideration

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The National Interest Waiver (“NIW”) is a special provision within the EB-2 employment-based immigration category that allows individuals to bypass the usual labor certification process (“PERM”) required for most...more

Gibney Anthony & Flaherty, LLP

Immigration by the Numbers: Key Stats on FY 2025 H-1B Cap Lottery and H-1B Alternatives  

With the second round of the H-1B cap lottery just completed, the United States Citizenship and Immigration Service (USCIS) has now released statistics for this year’s H-1B cap selections as well as statistics on H-1B...more

Skadden, Arps, Slate, Meagher & Flom LLP

Federal District Court Blocks Part of Ohio’s Foreign National Ban

As noted in our prior updates, on June 2, 2024, Ohio Gov. Mike DeWine signed into law H.B. 1, which prohibits foreign nationals from making or being solicited for political contributions in connection with Ohio state and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Reminder: Ohio’s Foreign National Ban Takes Effect September 1, 2024

As noted in our prior update, Ohio Gov. Mike DeWine signed H.B. 1 into law on June 2, 2024. H.B. 1 enacted a ban on foreign nationals making or being solicited for political contributions, defining foreign nationals to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Temporarily Stays DHS Approvals of Parole-in-Place Applications Under ‘Keeping Families Together’ Program

On August 26, 2024, the U.S. District Court for the Eastern District of Texas issued an administrative stay enjoining the U.S. Department of Homeland Security (DHS) from granting parole-in-place requests under the Biden...more

Gibney Anthony & Flaherty, LLP

USCIS Updates Guidance for International Student Visa Classifications

USCIS provided updated guidance in the USCIS Policy Manual with regard to the F-1 and M visa classifications utilized by international students for vocational, graduate and post-graduate study at U.S. academic institutions....more

Jackson Lewis P.C.

Illinois Enacts Additional Employee Protections on Employers’ E-Verify Use

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Illinois Governor JB Pritzker has signed an amendment to the Illinois Right to Privacy in the Workplace Act that provides additional employee protections regarding employers’ use of E-Verify. The amendment’s effective date is...more

Amundsen Davis LLC

Illinois Establishes Additional Requirements for Employers Using E-Verify

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On August 9, 2024, the Illinois State Senate finalized amendments to the Right to Privacy Act. These amendments add additional requirements for employers who use employment eligibility verification programs, including...more

Littler

USCIS Updates Guidance for F-1 Students on OPT and STEM OPT Eligibility

Littler on

The F-1 nonimmigrant visa status allows noncitizens to study in the United States at U.S. colleges and universities. F-1 students may be eligible for off-campus employment under the following programs: Curricular Practical...more

Foley & Lardner LLP

E-Verify Launches Trial of E-Verify+ Service

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On May 29, 2024, E-Verify announced the launch of the E-Verify+ trial. E-Verify is a U.S. Department of Homeland Security website that allows employers to determine if their employees are eligible to work in the United States...more

Jackson Lewis P.C.

DOL: Indefinite Delay in FLAG System Update for New H-2A Farmworker Visa Rule

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The Department of Labor (DOL) has decided to delay updating its Foreign Labor Application Gateway, or FLAG, case processing system to implement revised H-2A job order and application forms for the new 2024 Farmworkers...more

Saul Ewing LLP

Update on EB-5 Visas for FY 2024: All Unreserved Visas Issued

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The EB-5 program, officially known as the Employment-Based Fifth Preference Immigrant Investor Program, offers a compelling pathway for foreign investors to gain lawful permanent residency in the United States by investing in...more

Tarter Krinsky & Drogin LLP

Coming in 2025: European Union Announces New Requirements For Travel to Europe

The European Union (“EU”) has announced that rules of travel to member countries of the EU will change in mid-2025, impacting close to 1.4 billion people from visa-exempt countries, including U.S. citizens. Under a program...more

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